SINGH (Migration)

The Administrative Appeals Tribunal considered a review application concerning a Regional Employment Nomination (Permanent) visa (Subclass 187), Temporary Residence Transition Stream. The applicant sought to have a refusal of their nomination approval overturned.

The primary legal issue before the Tribunal was whether the relevant nomination for the applicant's visa had been approved, as required by clause 187.223 of the Migration Regulations. This clause mandates that for the Temporary Residence Transition stream, the nominated position must have been approved, and the applicant must have been identified as the relevant Subclass 457 visa holder at the time of nomination.

The Tribunal noted that the applicant's associated nomination, lodged by B Sangha HS Sangha & K Sangha, had been refused by the Department. Subsequently, the Tribunal itself affirmed the Department's decision not to approve this nomination on 24 May 2018. The Tribunal then invited the review applicants to provide comments on this crucial information, which was relevant to the nomination approval requirement, by 4 July 2018. As no comments were provided by the deadline, and no extension was granted, the Tribunal proceeded to make a decision without further steps, in accordance with section 359C and 360(3) of the Migration Act. The Tribunal also affirmed the decision in respect of secondary applicants who applied as family members, as they did not meet the primary visa requirements.